Turner Creamery Co. v. Chicago, Milwaukee & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown ‘County. Hon. Thomas L. Bouck, Judge. Action by the Turner Creamery Company, against the Chicago, Milwaukee & St. Paul Railway Company, to determine the reasonableness or otherwise of freight tariffs and charges, and for reparation for excess charges paid for carriage of cream and milk. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Brown ‘County. Hon. Thomas L. Bouck, Judge. Action by the Turner Creamery Company, against the Chicago, Milwaukee & St. Paul Railway Company, to determine the reasonableness or otherwise of freight tariffs and charges, and for reparation for excess charges paid for carriage of cream and milk. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (2) Under point two of the opinion, Appellant submitted that: In view of the fact that the express rate on a ten gallon can of cream from Timber Rake to Mitchell has been fixed by the Board…
1Opinion of the CourtGates, J.
The respondent, Turner Creamery Company, was, during the periods mentioned, engaged in the manufacture of - butter and ice cream, having its principal pl-ace of business at Mitchell, S. D. In the late winter of 1912 or early in the spring of 1913 it established agencies or receiving stations for the purchase of milk and cream- at Dupree, Firesteel, Isabel, Arrowhead, Timber Lake, Faith, Eagle Butte, Lantry, and Red Elm in this state. These towns are u-pon the lines of the Chicago, Milwaukee & St. Paul Railway Company lying west of Mobridge, S. D., which is a station on the Missouri river.…
2Cases cited4 opinions
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
- Cincinnati, N. O. & T. P. Ry. Co. v. Interstate Commerce Commission. Interstate Commerce Commission v. Cincinnati. N. O. & T. P. Ry. Co.Supreme Court of the United States · 1896
- Town of Dell Rapids v. IrvingSouth Dakota Supreme Court · 1895
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- Richards v. SmithSouth Dakota Supreme Court · 1929